APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 13-5472, DIVISION
"N" HONORABLE STEPHEN D. ENRIGHT, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Darren A. Allemand
COUNSEL FOR DEFENDANT/APPELLANT, KEDRICK K. ANDERSON Prentice
DEFENDANT/APPELLANT, KEDRICK K. ANDERSON In Proper Person
composed of Judges Susan M. Chehardy, Jude G. Gravois, and
Robert A. Chaisson
A. CHAISSON JUDGE
Kedrick K. Anderson, challenges his convictions and sentences
for two counts of attempted second degree murder.
Defendant's appointed appellate counsel has filed a brief
which challenges the sufficiency of the evidence used to
convict defendant. In addition, defendant has filed a pro
se brief alleging constitutional violations in the
multiple offender proceedings and prosecutorial misconduct.
For the reasons that follow, we find no merit to the
arguments raised in either brief and accordingly affirm
defendant's convictions and sentences.
January 23, 2014, the Jefferson Parish Grand Jury returned an
indictment charging defendant with two counts of attempted
second degree murder that occurred on July 13, 2013, in
violation of La. R.S. 14:27 and La. R.S.
14:30.1. At the February 10, 2014 arraignment,
defendant pled not guilty. The matter proceeded to trial
before a twelve-person jury on December 13, 14, and 15,
2016.After considering the evidence presented,
the jury found defendant guilty as charged on both counts.
January 17, 2017, the trial judge sentenced defendant to
fifty years on each count to run concurrently. On May 4,
2017, after a hearing, the trial court found defendant to be
a second felony offender, vacated the original sentences on
both counts, and resentenced defendant pursuant to the
provisions of La. R.S. 15:529.1 to imprisonment at hard labor
for fifty years without benefit of parole, probation, or
suspension of sentence on each count to run
concurrently.Defendant now appeals.
case stems from a shooting that occurred on July 13, 2013, at
the Ridgefield Apartments on Mount Kennedy Drive in Marrero.
The victims were J.A. and her two-year-old son (hereinafter
referred to as "J."), who lived at the apartment
complex at the time of this incident.
to J.A., on the evening of July 13, 2013, she was inside her
apartment with A.P. (the father of four of J.A.'s
children, including J.), F.P. (A.P.'s brother),
"Jeremy" (A.P.'s cousin), and two of her other
children. At approximately 9:30 p.m., she left the apartment
with J., Jeremy, and F.P. to go to Brothers' gas station
to buy some snacks. Within ten minutes, they returned to the
apartment complex, parked and exited their vehicle, and
proceeded towards J.A.'s apartment located in building
described that as they were walking to her apartment,
"they just had bookoo [sic.] black shirts came
from the front, just ran and started shooting." At
trial, J.A. testified that she recognized the "first
main face" as Kevias Hicks, defendant's brother, and
that Kevias was the individual who approached her from the
front and shot her son. She explained that she "saw the
fire" and that the first bullet hit J. She then
"dived down" to grab J. and crawled through the
grass, at which point F.P. told her to run. As she was trying
to get away with J., J.A. looked up to her right and saw
defendant in the parking lot by the dumpster come from behind
the building with a "long gun," like a rifle. J.A.
ran to a nearby apartment, and the occupants called
Christopher Lewis of the Jefferson Parish Sheriff's
Office responded to the emergency call, and upon his arrival,
he observed J.A. holding her son and screaming for help. In
light of the urgency of the situation, Deputy Lewis carried
the child to the emergency medical responders at the back of
the apartment complex, and J. was rushed to the hospital.
Deputy Lewis thereafter spoke to J.A. to try to find out what
had happened. According to Deputy Lewis, J.A. told him that
she heard several gunshots as she walked towards her
apartment; however, she maintained that she did not see
anyone and did not know who the perpetrators were. Deputy
Lewis then secured the crime scene, canvassed the scene for
evidence, and notified the crime scene technicians who
recovered ballistics evidence from four different guns.
on July 22, 2013, J.A. spoke to Deputy Brandon Veal of the
Jefferson Parish Sheriff's Office and provided him with
the names of three people who were possibly involved in the
shooting: defendant, Kevias Hicks, and Kevin Hicks. However,
J.A. would not explain how she obtained that information.
October of 2013, Deputy Joe Ragas of the Jefferson Parish
Sheriff's Office spoke to J.A. who indicated that she was
afraid to come forward with any information and did not want
to get involved. As Deputy Ragas had a good relationship with
J.A.'s family, she ultimately decided to meet with him,
and in late October of 2013, she provided recorded statements
to the police and positively identified defendant and Kevias
in photographic lineups as the perpetrators. Defendant and his
co-defendants were thereafter arrested for the July 13, 2013
trial, Jene Rauch, the supervisor of the firearms section at
the Jefferson Parish Sheriff's Office Crime Lab and an
accepted expert in the field of firearm and tool mark
analysis and identification, testified regarding the
ballistics evidence recovered from the scene of the July 13,
2013 Mount Kennedy shooting. Ms. Rauch asserted that there
were eight 7.62 by 39-mm caliber cartridge casings recovered
on the night of the shooting near the dumpster, that all
eight of those casings were fired from the same weapon, and
that those casings were usually shot in assault rifles. Ms.
Rauch further stated that there were sixteen 9-mm casings
that were recovered, noting that fourteen casings were fired
in one gun and two casings were fired in a different gun. She
also mentioned that there was one .45 caliber fired cartridge
casing recovered that night.
addition to the testimony relating to the July 13, 2013
incident, the State presented evidence at trial to suggest
that this shooting was the result of an ongoing feud between
the Hicks family and A.P.'s family. According to
testimony presented, the feud stemmed from the fact that A.P.
received substantially less prison time for an armed robbery
than his co-defendant and was therefore labeled a
"rat." Subsequent to this "designation,"
a series of violent transactions occurred between the Hick
brothers, who were apparently sympathetic to the co-defendant
in the armed robbery, and A.P. and his family.
first noted incident happened on June 22, 2013, when A.P. was
riding in J.A.'s vehicle with another person and several
shots were fired, striking the vehicle but no individuals.
The next incident was the July 13, 2013 shooting that forms
the basis for the instant case. Three days later, on July 16,
2013, another episode occurred on the elevated portion of the
Westbank Expressway. On that occasion, Kevias Hicks was shot
and injured as he and defendant were riding in a vehicle on
the Westbank Expressway, and A.P. was implicated as being
involved in that incident. Thereafter, on August 12, 2013,
Ms. Aubrieon Davis, the mother of defendant's child, was
shot at as she and her infant were in her vehicle traveling
on Beechgrove. In that incident, Ms. Davis identified A.P. as
the perpetrator, and A.P. later pled guilty to that offense.
contrast to the testimony presented by the State, defendant
testified at trial that he was not aware of an ongoing
"beef" between Kevias or Kevin and A.P. and that
any ongoing feud in 2013 had nothing to do with him.
Defendant maintained that he was not involved in the July 13,
2013 shooting and was not present at the Ridgefield
Apartments that night. Further, he stated that he knew J.A.
and would not try to hurt her or her child. During his
testimony, defendant expressed that J.A. was lying about the
incident in order to protect A.P., the father of her
children. He further voiced his ...